Divorce is complicated. What starts as a simple process can quickly turn contentious, leaving many people wondering how long a divorce takes in Arizona.
The length of time varies based on each divorce case’s specific facts, issues that need to be resolved, and Arizona divorce procedures that must be followed. Some Arizona divorce cases progress through the court system quickly, while others take much longer.
Arizona Divorce Laws That Affect the Process
Arizona provides several procedures that every divorce case must follow before the judge enters a final decree of dissolution. According to Arizona Revised Statutes § 25-312, courts won’t issue a divorce decree until they determine that the statutory grounds for divorce have been met. When children are present, Arizona divorce judges must establish legal decision-making and parenting time based on the child’s best interests under Arizona Revised Statutes § 25-403.
Since each divorce requires certain documents and processes before a judge can finalize your decree, it’s important to understand how long these issues can take.
Factors That Can Affect a Divorce Timeline
In Arizona, according to the CDC, the marriage rate is 5.6, and the divorce rate is 2 per 1,000 residents. Instead of divorces taking a specific amount of time from start to finish, each case advances at its own pace based on the facts and circumstances unique to that situation. Some factors that commonly impact divorce timelines include:
- Whether the couple agrees to divorce or if one spouse contests the petition
- Complicated financial assets or business ownership
- Dividing marital property and debts
- Child custody and visitation
- Requests for alimony or spousal maintenance
- High-value assets or properties
- Complex financial matters that require detailed disclosures or professional witnesses
- Court schedules and judge availability
- Agreements reached via mediation or negotiated settlement
The more disagreements you have with your spouse, the longer your case is likely to take. If your issues need to be resolved in Court, instead of reaching an agreement on your own or through other alternative dispute resolutions such as mediation, this could take longer.
If you live in Gilbert, Chandler, Mesa, Queen Creek, or nearby East Valley cities, your divorce case will likely be heard by the Maricopa County Superior Court – Southeast Regional Court Center, 222 East Javelina Avenue, Mesa, AZ 85210.
What Can Delay a Divorce Case?
Disputes over finances and property are common reasons divorces take longer than expected. For example, if you and your spouse cannot agree on who gets the house or how retirement accounts should be split, the Court may not enter a final judgment until proofs of income and documents detailing your assets are provided.
The Court may need to schedule additional hearings or order professional evaluations to make decisions regarding legal decision-making or parenting time. Finally, if one spouse hides money or assets, it can significantly slow down the divorce process.
Some divorces are delayed because spouses cannot cooperate. If one spouse refuses to provide financial documents or misses court deadlines, the divorce could take longer than anticipated.
Hire a Divorce Lawyer
Families often choose to hire a divorce lawyer in Arizona when their divorce involves children, real estate, significant assets, business interests, or complicated financial issues. An Arizona divorce attorney can help you understand your legal rights and obligations under Arizona law, file paperwork with the Court, negotiate settlement agreements, and represent your interests in Court if necessary.
Ellsworth Family Law, P.C. understands that every family’s needs are different. If you would like to discuss your legal options with an experienced divorce attorney, we can help.
FAQs
Can I Get a Divorce in Arizona if My Spouse Does Not Agree?
Arizona is a no-fault divorce state, which means that one spouse can initiate divorce proceedings even if the other spouse does not want a divorce. One spouse cannot stop the Court from dissolving a marriage by refusing to participate in the divorce process. If you and your spouse cannot agree on issues, additional court hearings may be needed before your case is ready to be granted by the Court.
Do I Need to Be a Resident of Arizona to File for Divorce?
You typically need to be a resident of Arizona to file for divorce. Generally, one of the spouses needs to have lived in Arizona for the necessary amount of time before they can file for divorce. If residency requirements have not been met, a court may not have jurisdiction to grant you a divorce. Contact an attorney to see if any legal residency exceptions apply to you.
What Documents Should I Gather Before Filing for Divorce?
It is helpful to begin gathering financial records as soon as possible. Many financial records that you already have can be useful for your divorce, including tax returns, recent pay stubs, and bank statements. It’s beneficial to gather your financial documents early, as this significantly eases the burden of completing financial disclosures throughout your case.
Can I Move Out of the Family Home Before the Divorce Is Finalized?
You are allowed to move out of the family home before the divorce is finalized, but this can have unintended consequences on things like parenting schedules, living expenses, and temporary possession of the family home. Before making the decision to leave, it can be beneficial to know how a move can affect temporary orders from the Court or future parenting schedules.
Get the Legal Help You Need
Ellsworth Family Law, P.C. is an Arizona boutique family law firm that has assisted families for over 20 years. Firm partners Steve Ellsworth and Glenn Halterman are Certified Family Law Specialists. In addition, Steve Ellsworth is a Fellow of both the American Academy of Matrimonial Lawyers and the International Academy of Family Lawyers.
Taylor Larson is well known for managing significant family law cases for clients and has frequently offered legal insights on national television and in news publications. The firm also has licensed legal paraprofessionals who handle qualifying family law matters. This allows our firm to extend access to legal services with highly trained and experienced professionals.
If you are going through a divorce, Ellsworth Family Law, P.C. can be your legal aid. We can advocate for your rights and your family’s interests. Contact us today for more information.
